IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. REV. No.99 of 2011
1. Rajesh Kanodia, Son of Raj Kumar Kanodia
2. Raj Kumar Kanodia, Son of Late Baijnath Kanodia
Both resident of Jhawganj, Pua Gali, Patna City, District- Patna.
Versus
The State Of Bihar
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4 17.08.2011 The accused petitioners have preferred this revision
application against the conviction order dated 19th May, 2010
passed by the learned Additional District and Sessions Judge,
Patna City in Cr. Appeal No. 89 of 1999/ 11 0f 2010 by which
the judgment and order dated 22nd March, 1999 passed by the
Sub-Divisional Judicial Magistrate, Patna city in C.B. Case No.
177 of 1993, Trial No. 327 of 1999 by which the petitioners
have been convicted and sentenced to simple imprisonment for
three months and a fine of Rs. 500/- (five hundred) under
Section 16(i) a, (i) (ii) of the Prevention of Food Adulteration
Act, 1954 has been confirmed and the appeal has been
dismissed.
Heard Mr. Nawal Kishore Agrawal, learned Sr.
counsel for the petitioners and Mr. Dinesh Singh, learned
counsel for the State.
Learned counsel for the petitioners submits that the
petition can be disposed of at the time of admission itself.
The facts necessary for the disposal of this case is that
on 18.08.1992 at about 12.15 p.m., the informant Food
Inspector, alongwith one another Food Inspector reached the
shop of the petitioners and in course of conducting raid for the
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purpose of collecting samples of food materials. He purchased
Chana Dal for the purpose of analyst examination and samples
were sent to the Public Analyst for examination. Chana Dal was
found adulterated and the case under Section 16 (i) a (i) (ii) of
the Prevention of Food Adulteration Act read with Section 272,
273 of the Indian Penal Code against both the accused
petitioners was instituted. After the trial, both the petitioners
have been found guilty in C.B. Case No. 177 of 1993, Trial No.
327 of 1999 and have been sentenced simple imprisonment for
three months and fine of Rs. 500/- each and in default of
payment of fine to undergone further simple imprisonment 15
days further. Thereafter, the petitioners filed Cr. Appeal No. 89
of 1999. After hearing the parties, the appeal has been dismissed
vide order dated 19th May, 2010 confirming the conviction and
sentenced of the petitioners.
It is submitted by the learned counsel for the
petitioners that the petitioners have been suffering from mental
agony for more than 18 years. They have also remained in
custody for some time and in course of the trial and after the
conviction and in this view of the matter it is a fit case in which
the sentence should be modified.
The learned counsel for the State could not controvert
the contention of the learned counsel for the petitioners.
After hearing the learned counsels on behalf of both
the parties and on perusal of the material on record, it appears
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that the case has been instituted on 18.08.1992 and the
petitioners have been suffering from mental agony for more than
18 years and they have also remained in custody for some time.
In my opinion, it is a fit case in which the sentence should be
modified. The sentence of the petitioners is reduced to the period
already gone in custody. The petitioners are directed to be
released forthwith.
In the result, this petition is disposed of with
modification in the sentence.
Let this order be sent to the learned Sub-Divisional
Judicial Magistrate, Patna City in C.B. Case No.177 of 1993,
Trial No. 327 of 1999 through FAX at the cost of the petitioners.
( Amaresh Kumar Lal, J.)
Md. Ibrarul